Gangadhar Dagadu Salke v. The State Of Maharashtra And Another
946 & 948-CRI.APPLN.1975.2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1975 OF 2020 GANGADHAR DAGADU SALKE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER . . .
Advocate for Applicant : Mr. Arvind G. Ambetkar APP for Respondent No.1 - State : Mr. R. D. Sanap Advocate for Respondent No.2 : Mr. Ashafak Patel h/f. Mr. A. P. Avhad . . .
WITH CRIMINAL APPLICATION NO.2295 OF 2020 SHIVAJI SHANKAR SALKE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER . . .
Advocate for Applicant : Mr. Ashafak Patel h/f. Mr. Abhijeet P. Avhad APP for Respondent No.1 - State : Mr. G. O. Wattamwar Advocate for Respondent No.2 : Mr. A. G. Ambetkar . . .
CORAM : MANGESH S. PATIL AND ABHAY S. WAGHWASE, JJ.
DATED : 17 NOVEMBER 2022 PER COURT :
.
By invoking powers under section 482 of the Code of Criminal Procedure, the applicants are seeking quashment of criminal cases, arising out of crime registered at the instance of respective respondent No.2, incidentally, the offences are also same, registered under sections 354, 504, 506 and 427 of Indian Penal Code.
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946 & 948-CRI.APPLN.1975.2020.odt 2.
Conspicuously, these are apparently cross complaints, albeit there is time lag between the registration of crimes. 3.
The applicant in one application is the husband of the respondent No.2 in other application.
4.
Respondent No.2 in both the applications have filed their separate affidavits stating that the two sides have decided to amicably settle the dispute due to the intervention of the villagers.
5.
There are no circumstances indicating that the proposed compromise has been arrived at with some ulterior motive. When the parties have decided to settle the dispute amicably, it cannot be said to be against any public policy having any possible effect on the public sentiment. 6.
We allow both the applications and quash and set aside the FIR and Crime No. I-470 of 2018 along with consequential proceeding bearing R.C.C. No.157 of 2019 and the FIR and Crime No.I-0039 of 2019 and consequential proceeding bearing R.C.C. No. 165 of 2019, pending on the file of Judicial Magistrate First Class, Parner, Dist. Ahmednagar. (ABHAY S. WAGHWASE, J.) (MANGESH S. PATIL, J.) Tandale/- 2/2